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What a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or by way of the willful negligence of others? There are times problems can be worked out by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move on.
But at times you really could use someone to take your side. Someone who will fight for your cause. A professional who will fight on your side. That’s when you really need a Paradise Valley personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing the situation objectively is challenging. But remaining cool and logical can be the difference between receiving the proper price that you deserve or leaving the case feeling incompetent.
An experienced Paradise Valley personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even understand the full breadth of what could happen until conversing with a legal professional. That person can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Paradise Valley Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
A PIL usually takes a wide variety of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the intentional tort case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is basically endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Paradise Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and helped them get the settlement they needed and deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!